1 December 2021
These Terms govern your access to, and usage of, fanclub’s personalized services for streaming music, music videos and other content across all websites and software applications that incorporate of link to these Terms (collectively, the “fanclub Service”) and any music, videos, podcasts or other material that is made available through the fanclub Service (the “Content”).
Use of the fanclub Service may be subject to additional terms and conditions presented by fanclub, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the fanclub Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the fanclub Service or access any of the Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
These Terms are between you and Fan Club Ltd., PO Box 10176, 23 Lime Tree Bay, Grand Cayman, KY1-1002, Cayman Islands.
Age and Eligibility Requirements
BY USING THE fanclub SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the fanclub Service and access any Content, you represent that: you reside in a jurisdiction where fanclub is duly licensed and normal access is not geo-blocked by fanclub for that jurisdiction (relevant jurisdictions are listed in Appendix 1 to these Terms), and any registration and account information that you submit to fanclub is true, accurate, and complete, and you agree to keep it that way at all times.
2. The fanclub Service Provided
We provide numerous fanclub Service options. Certain fanclub Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Third-Party applications, devices and open source software
The fanclub Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. fanclub does not guarantee that Third-Party Applications and Devices will be compatible with the fanclub Service.
Service limitations and modifications
We use reasonable efforts to keep the fanclub Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:
• The fanclub Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• We aim to evolve and improve the fanclub Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the fanclub Service (including particular functions, features, subscription plans, and promotional offerings);
• fanclub has no obligation to provide any specific content through the fanclub Service, and fanclub or the applicable artists / owners may remove particular songs, videos, podcasts, and other Content without notice.
If you have prepaid fees directly to fanclub for a Paid Subscription that fanclub permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), fanclub will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
fanclub has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
3. Your Use of the fanclub Service
Creating a fanclub account
You may need to create a fanclub account to use all or part of the fanclub Service. You will need to create a fanclub account to view videos and/or listen to music as provided under the fanclub Service.
Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Contact fanclub immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
fanclub may reclaim, or require you to change, your username for any reason.
Your rights to use the fanclub Service
Access to the fanclub Services
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the fanclub Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or fanclub. You agree that you will not redistribute or transfer the fanclub Service or the Content.
The fanclub software applications and the Content are licensed, not sold or transferred to you, and fanclub and its licensors retain ownership of all copies of the fanclub software applications and Content even after installation on your Devices.
fanclub’s Proprietary Rights
The fanclub Service and the Content are the property of fanclub or fanclub’s licensors. All fanclub trademarks, service marks, trade names, logos, domain names, and any other features of the fanclub brand ("fanclub Brand Features") are the sole property of fanclub or its licensors. These Terms do not grant you any rights to use any fanclub Brand Features whether for commercial or non-commercial use.
You agree not to use the fanclub Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
Payments and cancellation
You may purchase a Paid Subscription directly from fanclub or through a third party either by paying a subscription fee plus applicable taxes in advance on a monthly basis or on an annual basis.
A Paid Subscription on a monthly basis may be upgraded to an annual basis at any time and the Paid Subscription on an annual basis will then commence upon the expiry of the monthly Paid Subscription.
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly and/or annual charge and with particular regard to the jurisdiction where you reside and the applicable tax rates for such jurisdiction.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the fanclub Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.
If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of fanclub for access to a Paid Subscription ("Codes"), you hereby agree to the fanclub Card Terms which will be in place when such purchase is made. Currently fanclub does not yet provide a code, gift card or pre-paid offer but reserves the right to introduce such schemes with relevant terms in due course.
Price and tax changes
fanclub may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the fanclub Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide and the relevant jurisdiction where you reside.
Renewal and Cancellation
With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to fanclub or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team by email for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
In using the fanclub Service, you must comply with all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
If you establish a fanclub account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other fanclub terms and conditions incorporated by reference herein), apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable fanclub terms and conditions) and to bind the Brand to these Terms.
A Brand may follow artists and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
4. Content and Intellectual Property Rights
The content you post on the fanclub Service
fanclub users may post, upload, or otherwise contribute content to the fanclub Service ("User Content"). For the avoidance of doubt, "User Content" includes all comments, information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the fanclub Service (including to the fanclub forum) by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on fanclub, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by fanclub pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by fanclub or any artist, band, label, or other individual or entity without the prior express written consent from fanclub or such individual or entity.
In posting or sharing User Content or other information on the fanclub Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the fanclub Service and across the web, so please use caution in posting or sharing on the fanclub Service, and be mindful of your account settings. fanclub is not responsible for what you or others post or share on the fanclub Service.
Monitoring user content
fanclub may, but has no obligation to, monitor or review User Content. fanclub reserves the right to remove or disable access to any User Content for any or no reason. fanclub may take these actions without prior notification to you.
Licenses that you grant to fanclub
You retain ownership of your User Content when you post it to the fanclub Service. However, in order for us to make your User Content available on the fanclub Service, we require a limited license from you to that User Content. Accordingly, you hereby grant to fanclub a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the fanclub Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
If you provide ideas, suggestions, or other feedback in connection with your use of the fanclub Service or any Content ("Feedback"), such Feedback is not confidential and may be used by fanclub without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
You also grant to fanclub the right (1) to allow the fanclub Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the fanclub Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
In any part of the fanclub Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including fanclub’s agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by fanclub (e.g., podcasts or shows) may incorporate advertising or other promotional messages.
fanclub respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact fanclub with details.
5. Customer Support, Information, Questions and Complaints
The fanclub Forum is a place for discussions and exchange of information, tips, and other materials related to the fanclub Service. By using the fanclub Forum, you agree to these Terms.
Any questions and/or complaints should be addressed to fanclub in writing.
6. Problems and Disputes
Suspending and terminating the fanclub Service
These Terms will continue to apply to you until terminated by either you or fanclub. fanclub may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the fanclub Service at any time if we believe you have breached any of these Terms, if we stop providing the fanclub Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or fanclub terminate these Terms, or if fanclub suspends your access to the fanclub Service, you agree that fanclub shall have no liability or responsibility to you, and (except as expressly provided in these Terms) fanclub will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the fanclub Service. To learn how to terminate your fanclub account, please contact fanclub in writing.
The following sections shall survive termination: Sections 2 (The fanclub Service Provided by Us), 3 (Your Use of the fanclub Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
THE fanclub SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, fanclub AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER fanclub NOR ANY OWNER OF CONTENT WARRANTS THAT THE fanclub SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, fanclub MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE fanclub SERVICE OR ANY HYPERLINKED WEBSITE, AND fanclub IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM fanclub SHALL CREATE ANY WARRANTY ON BEHALF OF fanclub. WHILE USING THE fanclub SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
Limitation of liability and time for filing a claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE fanclub SERVICE IS TO UNINSTALL ANY fanclub SOFTWARE AND TO STOP USING THE fanclub SERVICE. YOU AGREE THAT fanclub HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE fanclub SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO fanclub, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
IN NO EVENT WILL fanclub, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE fanclub SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER fanclub HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE fanclub SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO fanclub DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR $30.00.
For clarification, these Terms do not limit fanclub’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and fanclub, and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and fanclub only, not with Apple, and Apple is not responsible for the fanclub Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the fanclub Service. In the event of any failure of the fanclub Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the fanclub Service. Apple is not responsible for addressing any claims by you or any third party relating to the fanclub Service or your possession or use of the fanclub Service, including: (1) product liability claims; (2) any claim that the fanclub Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the fanclub Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the fanclub Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You agree to indemnify and hold fanclub harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional fanclub terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the fanclub Service; and (4) your violation of any law or the rights of a third party.
Governing law, mandatory arbitration and venue
Governing law and jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of the Cayman Islands. Further, you and fanclub agree to the jurisdiction of the courts located in the Cayman Islands, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the fanclub Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and fanclub will be resolved through arbitration ("Arbitration Agreement").
Dispute resolution and arbitration
You and fanclub agree that any dispute, claim, or controversy between you and fanclub arising in connection with or relating in any way to these Terms or to your relationship with fanclub as a user of the fanclub Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and fanclub further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and fanclub both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or fanclub from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No class Or representative proceedings; class action waiver
YOU AND fanclub AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and fanclub agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
7. About These Terms
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
We may make changes to these Terms (including any additional fanclub terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable fanclub Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the fanclub Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the fanclub Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Other than as stated in this section or as explicitly agreed upon in writing between you and fanclub, these Terms constitute all the terms and conditions agreed upon between you and fanclub and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by fanclub or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive fanclub’s or the applicable third-party beneficiary's right to do so.
fanclub may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
Jurisdictions where fanclub is currently applying for licenses and where fanclub will be licensed before launching the fanclub Service:
United States of America